AJUSMEMT OF STATUS FROM K1

[Se&Se 8]

As I read many time here,there is no deadline to file for adjustment of status right? The marriage took place already within the 90 days frame.Just making sure!! What there anyone who file after the 90days frame? Did everything went well?

[aaron2020 11,651]

Not a problem.

 

However, you will be out of status and can be detained by ICE.  You will delay getting your EAD to allow you to legally work.  You will delay getting your AP which allows you to leave the US and return.

 

Why are you deciding to file late?

[Cryssiekins 976]

There isn’t, but remember once the i94 is expired, that person technically becomes deportable, whereas with a pending adjustment, they enter a period of authorized stay.  Also, they cannot work or travel (s/he can leave, but will require a visa to re-enter).

 

Best thing to do is file as soon as possible.

[Crazy Cat 41,894]

Can you file for adjustment of status after 90? yes....are there any benefits?  No...........Once the I-94 has expired, the immigrant is out of status, and is subject (although not likely) to detainment and removal....just like anyone else who has overstayed their I-94.  However, filing for adjustment (I-485)  gives the new immigrant "protected stay" while the I-485 is pending.   Remember that the immigrant is not allowed to work, drive (in many states), rent an apartment (frequently), or leave & reenter the US until after the I-485, I-765, and I-131 are filed and/or approved....

There is no benefit in delaying......

Edited April 14, 2019 by missileman

[Crazy Cat 41,894]

If it were I, I would beg, borrow, or steal (not really) to find the funds to file for adjustment of status........the period between arriving and being able to work, drive, etc. is pretty difficult for some newly married immigrants.

[Cryssiekins 976]

21 minutes ago, missileman said:

If it were I, I would beg, borrow, or steal (not really) to find the funds to file for adjustment of status........the period between arriving and being able to work, drive, etc. is pretty difficult for some newly married immigrants.

Accurate.  My husband worked full time, and I had a small, residual income from the Canadian company I worked for (an HR program for self-funded sabbatical) plus we had a modest savings and if everything had gone the way we planned, it would have been a comfortable adjustment, but as life goes, life happened, and things got tight for a bit.  It’s hard enough adjusting to married life (2.5 years later and we still struggle with having one washroom lol) let alone throwing in any sort of financial stress, not to mention, I was bored out of my mind most days.  Only so many times a week I can scrub the house.  I was SO happy the day my EAD/AP card came.